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brand enforcement

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PROTECTING YOUR BRAND AGAINST DILUTION - BY RACHEL SIKWANE
Monday, July 06, 2009
With the increase in social media and the use thereof, it is not uncommon for brand owners to find that their brands and trade marks are being used on websites or as domain names. At times, the owner of the website may even be claim that he or she is “assisting” the brand owner by providing it with free publicity, as opposed to defaming the brand owner’s brands.

STEP-BY-STEP GUIDE TO AVOIDING THE BACKLASH WHEN PROTECTING A BRAND AGAINST DILUTION BY RACHEL SIKWANE
Friday, April 17, 2009
With the proliferation of social media, it is not uncommon for brand owners to find their brands and trade marks being used on websites or as domain names.

SOME TRADE MARK ASPECTS OF THE CONSUMER PROTECTION BILL BY WIM ALBERTS
Thursday, August 07, 2008
If the proposed Consumer Protection Bill is enacted into law, it will set up an extensive administrative structure for the protection of consumers, with numerous provisions dealing with the obligations that businesses have, and, conversely, actions that they may not take. One of the obligations that will apply is that businesses providing goods or services to consumers, to be registered (section 79(1)).

APPLICATION FOR CONFIRMATION OF SEIZURE MUST BE SERVED WITHIN 10 DAYS - DARREN OLIVIER & MSAWENKOSI GAXO
Wednesday, June 04, 2008
In Minister of Trade and Industry v EL Enterprises (15383/2005 [2008] ZAGPHC 130, May 6 2008), the Transvaal Provincial Division of the High Court has set aside an application for confirmation of a seizure conducted on behalf of Unilever PLC on the grounds that the Department of Trade and Industry had failed to serve the application papers (for confirmation of the seizure) on the respondents within the statutory 10-day period after seizing certain goods without a warrant. The decision is useful in that it clarifies that application papers must be issued and served within the statutory period after the seizure, and not just issued.

PICK & PAY IS CROCKED BY CROCS - DARREN OLIVIER & MSAWENKOSI GAXO
Wednesday, June 04, 2008
In Pick 'n Pay Retailers (Pty) Ltd v Commissioner of South African Revenue Services (Case 13354/2007 [2008] ZAWCHC 24, May 6 2008), the High Court of South Africa has refused to set aside a warrant for the seizure of 19,524 pairs of Crocs beach sandals imported into South Africa from China by Pick n Pay Retailers (Pty) Ltd. The case concerned the procedural and substantive correctness of the detention (in terms of the Customs and Excise Act (91/1964)) and seizure (in terms of the Counterfeit Goods Act (37/1997)) of the shoes.

THE RELEVANCE OF PRIOR TRADE MARK USE IN SOUTH AFRICAN COMMON LAW - WIM ALBERTS
Wednesday, April 09, 2008
The nature of the right protected by the law relating to unlawful competition is the right to goodwill, although the right to a trade secret can also feature.

THE FINAL WORD ON TRADE MARK FUNCTION
Monday, September 10, 2007
In a case dealing with the protection of the shape of a wine bottle, in which judgement was delivered last year, Bergkelder Bpk vs. Vredendal Koöp Wynmakery, the Supreme Court of Appeal (SCA) gave notice of a possible change in the legal position.

THE DESCRIPTIVE USE OF TRADE MARKS FOR VEHICLE PARTS
Monday, September 10, 2007
In Bayerische Motoren Werke Aktiengessellschaft v Commercial Auto Glass (Pty) Ltd, a decision of the Transvaal Provincial Division, the respondent made use of the BMW trade mark in advertisements, invoices and product labels.

SHOULD ONE “LABEL” ALCOHOLIC PRODUCTS?
Wednesday, September 05, 2007
It seems that the government is slowly moving in on such vices that still do exist in our society. Already, strict prohibitions are in place regarding tobacco products.

ORIGIN OF THE SPECIES: TRADE MARK INFRINGEMENT AFTER THE BERGKELDER CASE
Wednesday, July 25, 2007
There is a need for clarification in our trade mark law following the decision of the Supreme Court of Appeal (SCA) in the case of Die Bergkelder Beperk v Vredendal Koöp Wynmakery 2006 (4) SA 275 (SCA).

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Recent Deals and Matters that Bowman Gilfillan has assisted companies in
Resource Generation

Acted for Resource Generation in relation to its secondary listing on the Main Board of the JSE. The listing will occur on 14 July. Resgen currently has a primary listing on the Australian Stock Exchange.

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Attend one of Bowman Gilfillan's Seminars or Events
Thanks to the efforts of our expert commercial attorneys, Bowman Gilfillan has received a range of prestigious awards
Chambers and Partners 2010 ranked us first in the following departments:

Competition/Antitrust

Corporate/M&A

IT & Telecommunications

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Law articles and legal publications for legal advice
The Consumer Protection Act: The Duty To Register Names

The Consumer Protection Act sets up an extensive administrative structure for the protection of consumers, with numerous provisions dealing with the obligations that businesses have, and, also, actions that they may not take. One of the obligations that will apply is that a person providing goods or services to consumers will be allowed to conduct business only under specific names (section 79(1)). A number of scenarios are envisaged by Act.

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Black Economic Empowerment (BEE) and Transformation policy of Bowman Gilfillan
Bowman Gilfillan is involved in a continuous transformation process and in 2004 adapted a Transformation Charter.  The Transformation Charter was revised in 2008 with recommendations for the next 3 years.

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Pro Bono work by lawyers | attorneys in South Africa
Bowman Gilfillan is proud to be one of the first large commercial firms to develop and implement a comprehensive pro bono policy.  In accordance with this policy we pursue meritorious public-law cases and act for indigent clients in a number of ongoing matters.  As a responsible corporate citizen, Bowman Gilfillan encourages its practitioners to seek to provide legal services to deserving organisations and individuals on a pro bono (free) basis.  A number of pro bono matters have been taken on in a wide variety of fields, from education to healthcare and other social services and partnerships have been established with recognised public interest legal services providers such as the Legal Resources Centre and the Aids Law Project.

Bowman Gilfillan has also entered into an arrangement with CIDA City Campus, particularly in business subjects, in terms of which we prepare the lecture materials for, and present lectures to, their second year students.  We also provide CIDA with legal advice. All of this is done free of any charge, as part of our social responsibility programme.

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International links with Bowman Gilfillan
We are an independent corporate law firm with well established relationships with some of the leading law firms in the major financial centres of the world.
Bowman Gilfillan has formed an association with Coulson Harney Advocates, a corporate and commercial law firm in Kenya. The association provides Coulson Harney with a springboard for its involvement in legal advisory work around Africa.


 

In Association with Coulson Harney Advocates       Member of Lex Mundi - The World's Leading Association of Independent Law Firms       Member of Employment Law Alliance - Helping Employers Worldwide       We support The Global Compact
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